No charges filed for school threat

Student may still face disciplinary action from school

No charges will be filed against a Ruidoso Middle School student who admitted making a list of students he said he was going to kill.

"We've identified a student who admittedly made some remarks about causing some violence at the school," said Ruidoso Police Lt. Ray Merritt. "During an interview with him and some other witnesses it turns out that he said that he never planned on executing what he told his friends he was going to do, his plan."

Merritt said he had gotten calls from several parents that were upset about the incident because it happened at about the same time as the shooting at a Connecticut Elementary school.

"I understand that the people are upset," Merritt said Tuesday afternoon. "I am a father myself. I would like everyone to understand that I have a child that attends the school where this happened and if I didn't feel it was safe for him to be there, he wouldn't be there today."

"A parent reported it to a school counselor. We call police and take any necessary safety precautions such as not allowing the student to return to school until an investigation," White said of district protocol.

Merritt said the student prepared the list after an incident on the playground Thursday in which he had a problem with a female student.

"The kids did the right thing by telling their parents, the parents did the right thing by contacting the school," Merritt said.

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"The school contacted the family and told them not to bring the student to school the next day."

The next day was the day of the Connecticut school shooting. Merritt said he was conducting this investigation when he learned of the Connecticut shooting.

"He admitted that he made the list," Merritt said. "He admitted he was angry because this girl had accused him of breaking a toy of hers on the playground. He was adamant that he didn't break it."

Merritt said the student also was angry because he felt that for the past two or three weeks he had been picked on and bullies were teasing him a lot about his appearance.

"He was very remorseful when we talked to him and he said he had no intention of hurting his fellow students," Merritt said. "He said he just snapped."

Ruidoso School Res_ource Officer Sal Beltran reported the student involved had admitted having similar thoughts or ideas previously, "at his other school." The student said he had received counseling and was "all better now, until yesterday."

Beltran reported the student was unable to recall all the names he had put on the list.

Merritt said the student had destroyed the list and neither law enforcement or school personnel had actually seen it.

Beltran reported Rui_doso school psychologist Ann Holt evaluated the student and he also has been ordered by the school district to get a psychological evaluation by an outside psychologist. Merritt said before determining that no crime had been committed, he sent the case to the 12th Judicial District Attorney's office and had it reviewed by an assistant district attorney.

"Then, to cover all my bases, I sent it to the FBI and asked them to review it," Merritt said. "I asked them to render an opinion. I got a call back in 20 minutes and they agreed with the district attorney that no crime was committed."

Merritt said the FBI told him of a similar case in Mescalero where a student had written down the names of some students he planned to hurt, but never carried through with the threat. Merritt said he did not know when this had happened.

"Now what we have is we are putting the ball back in the jurisdiction of the school district," Merritt said.

Merritt said he and school administrators were having a private meeting with the parents of the students who witnessed the student making the list and those on the list Tuesday evening to "share information with them, answer their questions and address their concerns."

"We take every possible threat seriously," White said. "This day and age, we can't take it lightly. It's like in the airport. There's not any jokes about it."

The school district has policies in place that address student conduct, assault and emergencies. Among the provisions of the policies is a prohibition on using threat of harm to anyone on district property.

Students who violate the policies can be subject to discipline including expulsion and the potential for criminal prosecution.

"Everybody involved took this very seriously," Merritt said. "I think it is also important to note that we did not over react. It would have been very easy to over react last Friday."